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equivocally states this, and if there needs
to be any implementation of it by the legis-
lature, as apparently has been done in the
present case, it will be done. I think, if it
makes everybody happier, I will firmly state
it was the intent of the Committee not to
change the present concept of criminal law
and the right to trial by jury. Perhaps I
was erroneous in stating that this gives an
unequivocal right to trial by jury. I thought
it did but it does not change whatever is
now the existing law. I hope you withdraw
the amendment.
THE CHAIRMAN: Delegate Kiefer, your
last statement, taken in connection with the
statement that I thought you made with
reference to the statute, leaves the Chair
confused about what you mean when you
say right of trial by jury under present
law. I am not sure whether you are re-
ferring to under present provisions of the
Constitution or under present statute law.
DELEGATE KIEFER: Under the present
conditions of both the constitutional and
statutory law.
THE CHAIRMAN: I think that confuses
rather than clarifies the issue.
DELEGATE KIEFER: Under the status
of the constitutional provisions as inter-
preted by courts. I am not trying to change
that. The constitutional provision has been
implemented and clarified by statute. I as-
sume this will continue to be the case.
THE CHAIRMAN: Delegate Kiefer, one
other question, just to clarify the record.
Do I understand you to be saying that not-
withstanding the fact that section 5 (a)
does not have the limiting language to
which Delegate Case called attention, that
is, in Article 5 of the present Declaration of
Rights, that you are saying .that section
5 (a) is, nevertheless, subject to that same
limitation ?
DELEGATE KIEFER: I am saying, sir,
that it is the same language that is in our
present Constitution, and if our Court of
Appeals — and incidentally these are cases
back in the nineteenth century, 70 years
ago or more — has made that interpretation
of them, it has made that interpretation of
them. We are not doing anything but re-
stating1 what our present Constitution states.
THE CHAIRMAN: You are not using
the words of the present Constitution. That
is why I want the record clear. Are you
saying that it is the intention of section
5 (a) that it is the same as if it contained
limiting words, according to the course of
that law, found in Article 5 of the present
Declaration of Rights?
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DELEGATE KIEFER: Article 5 of the
present Declaration of Rights, Article 21
and Article 23. Yes, sir, because they are
all considered, they all have been considered
together by the court in the cases cited by
Delegate Case.
THE CHAIRMAN: Delegate Carson.
DELEGATE CARSON: Mr. Chairman, if
I may, I understand it then, Chairman
Kiefer, that there is no intention to overrule
the cases of Danner v. Tlic State of Mary-
land, 89 Md., 220 or The State of Maryland
v. Glenn, 54 Md., 601?
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: I have no inten-
tion to overrule anything the 'Court of Ap-
peals has done.
THE CHAIRMAN: Any other delegate?
Delegate Carson.
DELEGATE CARSON: If I may just a
moment.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
when I said I had no intention, I did not
mean it quite so facetiously. I do not think
the Committee had any intention of over-
ruling any case decided by the Court of
Appeals.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment ?
Delegate Koger.
DELEGATE KOGER: I would like to
speak in opposition to the amendment.
THE CHAIRMAN: Does any delegate
desire to speak in favor?
Delegate Carson.
DELEGATE CARSON: Mr. Chairman,
upon the colloquy with Chairman Kiefer it
is clear upon the record that the intent is
not to change the law, and the sponsors,
therefore, withdraw the amendment.
THE CHAIRMAN: The amendment is
withdrawn.
Delegate Grant, do you desire to offer
your amendment AK?
DELEGATE GRANT: Yes, I would, Mr.
Chairman. I would like to make one change
in it. I would like to substitute the word
"peace" for "safety".
THE CHAIRMAN: This will be Amend-
ment No. 16. What is the modification,
Delegate Grant?
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